Tag Archives: Land Use

Local Coastal Program Amendments

Local Coastal Program Amendments . . . as of April 2017

Project Overview:  The Newport Beach Local Coastal Program sets policies and detailed rules for issuing Coastal Development Permits, which are the the main mechanism for ensuring compliance with the California Coastal Act.  Effective January 30, 2017, finally (some 45 years after passage of the voter-enacted precursor to the Coastal Act) and for the first time, the City of Newport Beach obtained a fully certified Local Coastal Program authorizing it to process and issue such permits.

Why We Were Watching:  The ink was barely dry on the LCP, when it was discovered that a raft of apparently staff-generated amendments was being rushed to approval with very little public awareness.  SPON is very concerned both with the process and with the substance of the proposed amendments.  In particular, City staff is seeking major changes to the Coastal Land Use Plan’s policy declaration regarding the City’s long-standing building height limitations, which would, among other things, exempt so-called “planned communities” from the considerations that apply to other properties.

Recent Events:

  • April 11, 2017:  With little to no prior public awareness, action by the Council on the LCP amendments was scheduled for a public hearing as Item 18 on the April 11 agenda.  As a result of reminders from the public that Council action was not legally allowed without a Planning Commission recommendation (as required by Table 21.50-1 in the newly certified Implementation Plan), the item was withdrawn.
  • May 4, 2017:  The amendments have been re-noticed for a hearing before the Planning Commission on May 4.

News Coverage

  • none so far

Helpful Links

 

General Plan update

General Plan Update  . . .  as of April, 2017

Project Overview:  While details remain sketchy, Mayor Kevin Muldoon has announced the initiation of an update of the city’s General Plan as a major objective for the current City Council term.

Why We Were Watching:  Although SPON has repeatedly called for the development of “comprehensive” plans for specific areas of the city, such as Mariners Mile, West Newport Mesa and the Airport Area, this city proposal is different and could have worrisome consequences.   In 2006, the General Plan update process was used, without the full understanding of most residents, to expand and “reset” the Greenlight development thresholds throughout the city.  By by approving the update, voters in effect gave the “Greenlight” to future projects they assumed they would be given a second chance to vote on, such as the two recently erected high-rise office towers (PIMCO and Irvine Company) in Newport Center and the massive 524-unit Villas Fashion Island apartment project at the corner of Jamboree and San Joaquin Hills Road.

With greater public awareness, a similar, but even more fast-tracked and developer-driven General Plan update effort in 2013-2014 was overwhelmingly rejected when approval of the land use changes was placed on the ballot as Measure Y.

While city staff has indicated the present update may not even touch the critical land use limits needing voter approval, Council members have mentioned hoping to see the matter on the November 2018 ballot — which implies that it will.

Whatever the process turns out to be, for the sake of “our town” close watchfulness will be needed to ensure the General Plan modifications are resident-driven rather than developer-driven.

Recent Events:

City Manager Dave Kiff described his proposal for the update process in a PowerPoint slide presented at the Council’s February 14, 2017, study session.

It is expected that funding for the update ($1 million in the first year and another $1 million later) will be requested in the budget year beginning July 1, 2017.

The most recent indications from senior planning staff are that the actual work will not start until “late” in the calendar year.  This makes it seem unlikely staff expects to place any major changes in land use limits on the November 2018 ballot for Greenlight approval, as was done with Measure Y.

News Coverage

Helpful Links

Koll Center Residences

Koll Center Residences . . . as of January, 2017

Project Overview:  This is a proposal to add 260 condominium residences in three 150 foot tall towers in what is now the surface parking lot of an office campus near the corner of Jamboree and Birch in the Airport Area.  See the city webpage for further details.

Why We Were Watching:  This project raises multiple issues about height, density, compatibility with neighboring uses, as well as the viability of the General Plan’s vision for adding residential to the Airport Area, and whether it is being properly implemented.

Recent Events:

A scoping meeting for the project’s Environmental Impact Report was held on January 18, 2017, with comments due by February 2.  The EIR is presumably now being prepared.

News Coverage

Helpful Links

 

Harbor Pointe Senior Living

Harbor Pointe Senior Living  . . .  as of February, 2017

Project Overview:  This is a proposal to build a 4-story, 121-bed convalescent and congregate care facility at the current site of the Kitayama Restaurant on South Bristol.

Why We Were Watching:  Under the city’s General Plan, a project of this sort is not allowed at  the requested location, and hence its approval requires a General Plan amendment.  Such changes to the voter-approved land use designations are always of concern, and in this case neighbors have expressed worries about the building’s compatibility with neighboring residential uses.

Recent Events:

A scoping meeting for the project’s Environmental Impact Report was held on August 15, 2016, with comments due by August 22.  The EIR is presumably being prepared.

Prior to release of the EIR, the Planning Commission heard about and discussed the proposal, without action, as Item 4 on its February 23, 2017, agenda.  The “study session” was well attended by Bayview and Santa Ana Heights neighbors, most quite critical of the project as currently proposed.  See the City video.

News Coverage

Helpful Links

 

Newport Beach Tennis Club

Newport Beach Tennis Club . . . as of April 2017

Project Overview:  The Newport Beach Tennis Club (and swim facility) occupies 7.6 acres at 2601 Eastbluff Drive, adjacent to Ralphs in the Eastbluff Village Center.  Neighbors have heard rumors that the land owner has been approached by a developer interested in purchasing the property and turning it into residential condominiums

Why We Were Watching:  The rumored development is inconsistent with the property’s existing General Plan designation for Parks and Recreation use.  The current owner or potential buyer would therefore need to make a request to change that designation, and the City has no obligation to comply.  SPON views such requests to change the General Plan with great skepticism.

Recent Events:

  • February 14, 2017:  “Mayor Muldoon requested future agenda items on the zoning and future use of the Newport Beach Tennis Club and the roundabout at Bayside Drive” (see City Council Minutes, Item XII).
  • February 28, 2017: Council unanimously approves request for staff to prepare future agenda item providing a “Summary of the Existing General Plan Designation and Zoning for the Newport Beach Tennis Club” (see City Council Minutes, Item XIII).
  • April 11, 2017:  Although it was not on the agenda, under “City Council Announcements” at the April 11 meeting (Item XII), “Mayor Muldoon presented a proclamation to the Newport Beach Tennis Club commending its service to the community.”  Earlier that day, City Manager Dave Kiff sent the following message by email to those seeking information about the development proposal:

Dear Neighbors –

Via an email sent in late January 2017, I promised to keep you updated on activities regarding the Newport Beach Tennis Club.  Recently, an interested buyer of the underlying land and the property owner approached the City at a staff level (our planning staff) to determine what would be required to accommodate residential uses at the site.  Staff told them, as I told you previously, about the requirement for a change in the General Plan (via an Amendment) and the underlying zoning.

Changes in the General Plan are discretionary actions by the City Council – in other words, the Council can say yes or no to them.  In some cases, if enough residential is added or peak hour trips are added, a vote of the Newport Beach electorate is also required following any Council approval of a General Plan Amendment (GPA).

Please know that we have not been notified by either the property owner or the interested buyer of their intent to begin processing a GPA and other related zoning actions.  Should an application be filed, I will let you know as well as provide information regarding the proposed review schedule and at what time you may comment on the proposed project.  The process will include public review and comment opportunities on any draft environmental document, as well as public hearings before both the Planning Commission and City Council.

One additional FYI.  At tonight’s Council meeting, Mayor Kevin Muldoon (also the District #4 representative) intends to give the Tennis Club a proclamation for its service to the community.  No other action is planned for tonight’s meeting.

Sincerely,

Dave Kiff
City Manager
City of Newport Beach
949-644-3001

  • To date (April 22, 2017), SPON does not believe any formal application for land use change has been submitted to the CIty.  The requested discussion of the zoning status of the property was at one time listed as a tentative Study Session item for the Council’s May 9 meeting, but it is not known if that is still planned.

News Coverage

  • none so far

Helpful Links

  • City’s case log of recent planning applications (not always accurate or up to date)

 

General Plan Amendments

General Plan Projects Update (5/23/2015):
Mission accomplished: Agenda Item 5 Continued!
Our efforts, letters and phone calls worked: the Planning Commission acknowledged at their May 21 meeting that it did not have enough information to approve the General Plan Land Use Element “correction” proposed by staff. More information has notably been requested from the County of Orange, and staff publicly stated that it would continue to confer with SPON on this matter going forward.  In sum, this was a success at every level. Good job!  We will of course be back in touch when we have new news.

General Plan Projects Update (5/2015):  The May 21 Planning Commission will review a staff report/recommendation to correct a General Plan Land Use “error” which will add 300,000 square feet of hotel entitlement space to Newport Coast.  Another example of “piecemeal planning”?  We are currently investigating this issue.

General Plan Projects Update (2/2015): During the City Council Annual Planning Session on January 31, an overview of on-the-books and new projects was presented.  It seems, from this presentation, that the projects outlined in Measure Y were just the tip of the iceberg and the City continues to persist in “piecemeal” planning.

The “short list” includes General Plan Amendments such as the Newport Center Beacon Bay Car Wash to be redeveloped as a seven-story 49-unit residential condominium project and reshuffling Irvine Company entitlements in Newport Center so that shuttered office buildings can be reopened.  The Irvine Company entitlements review will be discussed/voted on at the February 24 City Council Meeting (public notice here).

Municipal Code Amendments for the West Newport Area overlay would allow greater height limits for residential structures in the 57-acre overlay area.

In addition to this specific Municipal Code Amendment, we see an alarming trend toward increasing building height limits and encroachment on public view corridors throughout Newport Beach.

City Contact:
Kim Brandt, Community Development Director
By Email

Questions for SPON:
Contact Us